A BAND member left paralysed when he fell from a wagon during the 1999 Lord Mayor's parade in York today started legal proceedings to establish who is liable for his accident.

Roy Gill, 66, of Knavesmire Crescent, York, was playing in the York Railway Institute Goldenrail Band during the annual parade as it was hit by rain on June 27, 1999.

He fell from the back of the band's wagon when it allegedly braked sharply as it reached York's Knavesmire, injuring his spinal cord and leading to months in York District Hospital and Pinderfields Hospital in Wakefield.

Mr Gill still plays with Goldenrail Band, using a special metal stand which lets him play while in his wheelchair.

Mr Gill's barrister, Michael Redfearn QC, told Leeds High Court today that his client would need a wheelchair for the rest of his life after the accident.

The driver of the wagon, James Anthony Gill (no relation), and his employers, House of James Transport, were at Leeds High Court today.

The injured man's solicitor says the appearance comes after the lorry firm and the driver's insurers refused to accept liability for the incident.

Roy Gill is also making a claim against members of a charitable organisation, the York Junior Chamber, who made arrangements for the parade.

His lawyers allege that they failed to make sure a suitable vehicle was provided for the band. Mr Redfearn told the court that certain features were required to protect the band on the back of the lorry, such as a flat back, chairs and elastic tape around the vehicle.

But he said that these requirements were not passed on and the lorry arrived at the band's Queen Street premises on June 27 without chairs, barriers or elastic tape.

Mr Redfearn said that the band provided its own chairs for the back of the lorry and found some rope which they tied around it, but it did not appear to be taut.

Several band members complained during the day that the lorry kept jerking, causing them to lose balance.

At the end of the show Mr Gill alleges that when the lorry was being reversed on County Stand Road it stopped very sharply, causing him to clutch his tuba for support. He grabbed hold of the rope for added support after slipping, but it merely took the slack, causing him to lose balance and topple over the side of the lorry.

He landed on the edge of the pavement on his forehead.

This caused him to suffer severe injury "leading to him being in a wheelchair for the rest of his life."

Mr Redfearn told the court that James Gill's driving and jerking shortly after starting to reverse was negligent and that caused the accident.

Mr Redfearn said there was confusion in this case between public liability insurance and road traffic insurance. Since the accident the band had brought in a safety inspector who advised them not to travel on the 2000 parade, Mr Redfearn added.

The hearing continues.

Updated: 15:24 Monday, January 28, 2002